Terms of Service
These are the terms and
conditions for use of the Internet services provided by Karban.Com.
By purchasing services from Karban.Com, you (Customer) agree
to abide by these terms and conditions. We reserve the right
to change this agreement at any time without notice.
1. Lawful Use - You are responsible for conforming to all federal,
state, and local laws regarding the Internet and electronic communication.
You must respect the intellectual property and copyrights of resources
provided by others on the net. You may not participate in any illegal
activities while using your account. You must obey the laws of the United
States and other countries that you communicate with over the net. We
cannot and do not monitor or control traffic content to/from our service.
You are responsible for keeping your activities legal, and for censoring
yourself and colleagues. Customer is not permitted to post any material
that is illegal, libelous, tortuous, or likely to result in retaliation
against Karban.Com. Should the posted material fall into this category,
we reserve the right to immediately refuse or terminate service.
2. Data & Backup - While we do back up our system files,
we do not back up domain files uploaded by our customers. This means
that if you upload web pages or other personal files to our system, you
must keep a backup on your own machine. Customer agrees that Karban.Com
has the right to delete all data, files, or other information that is
stored on Karban.Com computers upon termination of services, or cancellation
of account due to non-payment.
3. Unsolicited Advertising - Unsolicited
advertising (Karban.Com) via E-mail or newsgroups is prohibited
and shall result in immediate account dismissal. "Spamming",
including (but not limited to) mass-E-mailing, cross-posting,
or otherwise causing abuse to others on the net is prohibited
and will be grounds for account dismissal. Any actions construed
to be negligent, malicious, or a denial-of-service attack is
strictly prohibited. See our SPAM Policy .
4. Billing Policy - Approximately 10 days prior
to the end of the month, Karban.Com will e-mail Customer invoice
to the e-mail billing address in Customer's company profile.
Customer is responsibility for keeping the billing e-mail address
current. Payment is due upon receipt. We accept payment with
cash, check, or money order. Any unpaid accounts will be suspended
at noon on the 30th day of the month. Any late payments could
result in discontinuation of service and nullification of this
agreement. There will be a $25 service charge for all returned
checks.
5. Network Security - Customer is expected to
keep all passwords secret. Passwords allow access to your private
messages and billing information. If Karban.Com believes a Customer's
password has been compromised, we reserve the right to change
the Customer's password without notice.
6. Domain Names - Customer is responsible for registering Domain
Names with InterNIC. Domain names can be registered online at Network
Solutions (www.networksolutions.com) or any authorized 3rd party.
7. IP Addresses - Customer will be assigned IP addresses by
Karban.Com, and must return to Karban.Com the rights to same when service
is discontinued.
8. Assignment or Transfer - Customer shall not
assign or transfer the rights or obligations associated with
this assignment, in whole or in part, without Karban.Com's written
consent.
9. Cancellation - Customer or Karban.Com may
cancel this agreement at any time with 30-day written notice.
Karban.Com reserves the right to terminate or refuse service
to anyone. Falsification of contact information is grounds for
immediate termination.
10. Refunds - Web hostingservice and Internet
marketing services refunds are issued within 30 days of request
and are prorated according to the term you signed up for.
All web design refunds are subject to approval and will be
based upon how much work was performed versus how much work
was paid for. Any monies available for refund will be issued
within 30 days of request.
You may reach our Customer Service department
at: 1-502-314-7458
11. Price Adjustments - Customer will have
30 days from notification of price increases to cancel affected
service without penalty. Prices may be reduced or new services
and options may be put into effect without advance notice.
12. Limitations of Warranty and Assumption of Risk - Customer
uses Karban.Com services at Customer's own risk. Karban.Com makes
no warranty, expressed or implied. Karban.Com shall not be liable
for any loss or other damage, including but not limited to special,
incidental, consequential, or punitive damages, resulting from
any failure to provide service or from any termination of service.
This service is provided as is. We are not responsible for hardware
or software damage, loss of wages, or any other financial or
personal loss resulting from the use of, or inability to use,
this service. Any liabilities are strictly limited to the amount
of the fee paid for services rendered. Karban.Com shall not be
liable for claims of damages made by any third party for any
cause whatsoever.
13. Hold Harmless - Customer will indemnify
and hold Karban.Com harmless (including officers, employees,
agents, and shareholders) of any and all claims, costs, expenses
or liability resulting from any damage to Customer's business,
service, equipment, network, operations, or reputation resulting
from Karban.Com actions. Indemnification includes, but is not
limited to, any government actions, acts of vandalism or other
retaliation, and any claims of libel, unfair competition, infringement
of any patent, copyright, trademark, service mark, or other intellectual
property right, violation of privacy, or other tort.
14. Arbitration - If any portion of this agreement is found
to contradict federal, state, or local laws, the remaining portions will
remain in full force until account termination. Both parties agree to
submit any dispute relating to the subject matter of this Agreement to
binding arbitration, pursuant to the commercial rules of the American
Arbitration Association. The parties surrender and waive the right to
submit any abatable dispute to a court or jury, or to appeal to a higher
court. The arbitrator(s) shall not have the power to award punitive,
consequential, indirect, or special damages. The arbitrator shall have
the power to award costs and reasonable attorney fees to the prevailing
party.
We reserve the right to refuse service to anyone.
|